LOCKNEY ISD ENDS COURT BATTLE OVER DRUG-TEST PROGRAM

LOCKNEY - The Lockney Independent School District is dropping its
appeal to use a mandatory drug-testing program that a federal judge
ruled was unconstitutional.

"We're happy it's over with," said Larry Tannahill, who filed the
lawsuit along with the American Civil Liberties Union on behalf of
his 13-year-old son, Brady. Tannahill refused to sign a parental
consent form, and the teen-ager refused to take the test.

Tannahill said his attorney told him about the district's decision
Wednesday afternoon.

"I went down and signed their documents," he said.

By signing, Tannahill agreed not to pursue further legal action
against the district. He also said the district agreed to discontinue
most drug testing.

"Basically, it (the settlement) said they would not go back to doing
any of the drug testing on extracurricular activities. My
understanding is they would go back to the old policy, which was
suspicion," Tannahill said.

Under the old policy, students can be tested if they show erratic
behavior consistent with drug or alcohol impairment.

School officials and attorneys for the district could not be reached
for comment Wednesday night.

Tannahill said he was asked to go to the district office late
Wednesday afternoon to meet with Supt. Raymond Lusk. He said he and
Lusk signed the documents.

When asked if school officials explained their decision to settle,
Tannahill said, "We never discussed any of it. What my lawyers told
me was that they (the district) weren't going any further with it."

Tannahill said the meeting was cordial.

"These are good people," he said.

U.S. District Judge Sam Cummings ruled March 1 that the district's
mandatory drug-testing policy violated Brady Tannahill's
constitutional rights.

Brady was the only student to refuse testing when the school began
its program in February 2000.

When the school district opted to punish the teen-ager as if he had
tested positive for drugs, Larry Tannahill objected and eventually
sued the district on his son's behalf with the help of the ACLU.

The school board agreed to hold off on punishing Brady, shortly after
the lawsuit was filed.

In July, the school board changed its policy to require testing of
students in 7th through 12th grade and changed the punishment for
refusal to consent to removal from extracurricular activities.

Previously, policy required all students in the 6th through 12th
grades to submit to a urine test.

In his ruling, Cummings said the mandatory drug testing came at "a
great price to citizens' constitutionally guaranteed rights to be
secure in their 'persons, houses, papers, and effects.' "

Lockney ISD attorney Lee Veness had said the district would base its
appeal on the same arguments it used in asking Cummings to reconsider
his ruling last month.

The district claimed there was undisputed evidence that a drug
problem exists in the small farming community, warranting the
mandatory testing.